The Bozeman weekly chronicle., 1887-04-06
TO THE GRAND JURORS.
Judge McLeary Makes an Eloquent Ad-
dress to that Body.

upon to fulfill in your capacity as Grand
Jurors. This is not the time nor the
place for n discussion of the wisdom of the
Grand Jury system, nor the policy of the
laws enacted for the detection and pun
ishment Of crime. Here and now we
have only to inquire what the laws pre-
scribes for us TO do, and then proceed to
follow up thosr paths which we have
marked ont for ourselves through the
legislative department of the government,
Every Grand Juror should bring to the
discharge of the duties imposed upon
him by law, purpose as pure and de-
termination as fixed and steady as that
which should animate the sheriff who
summoned him, or the court which in
structs him in his duties, or the highest
officer in the land.
In your proper sphere of action as a
Grand Jury your work is as important
to the welfare of the country as that of
the Governor himself
You have been selected by the County
| Commissioners doubtless for your intelli-
gence and integrity as citizens, and your
identification with the material interests
of your county. Your duties are outlined
in general way by the oath you have
just taken in the form prescribed by
the statute of this territory.
You are diligently to inquire into all
public otfenses against the laws of this
territory, committed or triable in this
county, of which you have or can obtain
legal evidence. If any member of the
Grand Jury has personal knowledge of
the commission of any offense 1t is his
duty to testify in regard thereto before
the Grand Jury; but the juror so testify
ing should not act as Grand Juror in
any manner in the investigation of such
a charge. You have auth ority through
your foreman to subpoena any witnesses
whom you may believe to have informa-
ton or be able to give information con-
cerning the commission of any offense
You are required by law to investigate.
If for any reason it is by you deemed
desirable the prosecuting attorney or the
clerk of this court can issue subpenas for
witnesses to attend before you and to
give evidence. When the witness is in
attendance your foreman can administer
the necessary oath. If any witness sum-
moned to appear and testify before you
shall fail or refuse to obey, you will re-
port the name and evidence of such wit
ness 10 the court that he may be com.
PEELED to attend. If any witness appear
ing before you shall refuse to testify or
answer interrogatories in the course of
his examination, you will communicate
that fact to the court in writing, stating
the name of the witness and the question
which he refused to answer, in order that
the court may decide whether the wit
ness is bound to answer or not. Then if
the witness still refuse to answer, you
will report that fact to the court that the
witness may be punished for contempt.
The court will appoint one of your
number foreman and he will preside
over your deliberations and conduct
your proceedings In an ordinary manner.
You are authorized and required to
oppoint one of your members to be your
clerk and it is his duty to preserve min
utes of your proceedings and of the evid-
ence given before you which matters
you should furnish to the prosecuting
attorney when you desire him to prepare
a bill of Indictment in any case, When
ever You so require it is the duty of the
prosecuting attorney to attend on your
body for the purpose of examining wit
nesses in your presence giving you ad- |
vice upon any legal matter. And the |
prosecuting attorney is allowed at all |
times to appear before the Grand Jury at |
his request for the purpose of giving in
formation relative to anv matter cogniz- |
able by you, when either he or you
should deem it necessary; but neither
the prosecuting attorney, nor the sheriff, |
nor your bailiff nor any other officer or
person, except the Grand Juors them
selves are permitted to be present during
the expression of your opinions orgiving |
your votes on any matter which may be |
pending before you.
In the INVESTIGATION of any charge for
the purpose of finding an indictment you
are required to receive none but legal
evidence, and if you have any doubt
upon this question, doing your delibera
tions, you can enquire of the p. osecuting
attorne, whether any particular evidence
is legal or not. On all such matters it
is his duty and doubtless his pleasure to
advise you.
You are not bound to hear evidence
for the defendant, but it is your duty to
weigh all the evidence submitted to you
and fyou have reason to believe that
other evidence within your reach will ex.
plain away the charge, which you may
be investigating, you should require such
evidence to be produced and take the |
same into due consideration,
When from all the evidence before YOU |
in your judgment a trial jury would be
wanted in a verdict of conviction should
the evidence remain at the trial unex-
planned OF uncontradieted you should find
a bill of indictment.
But gentleman ofthe Grand Jury while
you are obligated under the solemn sane
tion ofan oath to make true presentment
ofall public offences against the laws of
Montana, you are at the same time
equally boun | to opresent no one through
hatred, malice, or illwll and not to leave
any one unpresented through fear, favor,
affection, or for any reward, or to the
promise OF hope there of, and in all your
presentments, to present the truth the
whole truth and nothing but The truth,
according to the best of YOUR skill and
understanding.
10 men of correct morals, and enlight-
ened consclences, nothing which could
say would deepen the solemn impression
made by the terms of the oath you have
all taken, and | can only hope you will
preserve it intact in every point and
particular.
1t is strictly forbidden by law for any
Grand Juror to disclose any evidence
given before the Grand Jury, or the
mama nf nny wifpass uhf, ,,,,,,.,l l.